Case: Virginia Agricultural Growers Association, Inc. v. Donovan

4:83-00146 | U.S. District Court for the Western District of Virginia

Filed Date: Sept. 14, 1983

Closed Date: Oct. 3, 1985

Clearinghouse coding complete

Case Summary

In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, seeking to invalidate the Department of Labor regulation 20 C.F.R. § 655.207(b), which established a methodology for setting hourly agricultural adverse effect wage rates (AEWR). The AEWR was a minimum hourly wage that employers had to agree to pay domestic field workers before the Department of Labor would certify that the admission of aliens to work in the g…

In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, seeking to invalidate the Department of Labor regulation 20 C.F.R. § 655.207(b), which established a methodology for setting hourly agricultural adverse effect wage rates (AEWR). The AEWR was a minimum hourly wage that employers had to agree to pay domestic field workers before the Department of Labor would certify that the admission of aliens to work in the growers' field would not adversely affect the wages of similarly employed U.S. workers. The tobacco growers contended that the AEWR regulation violated the Administrative Procedure Act in that it had no rational basis and was arbitrary and capricious.

After the parties filed cross-motions for summary judgment, the District Court (Judge Jackson L. Kiser) found for the plaintiff and held that the regulation was invalid, as it violated the Administrative Procedure Act. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 597 F.Supp. 45 (W.D.Va. 1984). The Department of Labor appealed.

The Fourth Circuit Court of Appeals reversed, finding that the regulation was properly adopted, The Court remanded with instructions that the trial court enter summary judgment in favor of the Department of Labor. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 774 F.2d 89 (4th Cir. 1985).

We have no further information on this case.

Summary Authors

Dan Dalton (12/10/2007)

Related Cases

Virginia Agricultural Growers Association, Inc. v. Donovan, Western District of Virginia (1983)

People


Judge(s)

Chapman, Robert Foster (South Carolina)

Kiser, Jackson L. (Virginia)

Knapp, Dennis Raymond (West Virginia)

Winter, Harrison Lee (Maryland)

Attorneys(s) for Plaintiff

Johnston, William A. (Virginia)

Karalekas, S. Steven (District of Columbia)

Kletzkin, Morris (District of Columbia)

Misler, Albert D. (District of Columbia)

Moore, Robert N. (Virginia)

Thompson, W. Carrington (Virginia)

Judge(s)

Chapman, Robert Foster (South Carolina)

Kiser, Jackson L. (Virginia)

Knapp, Dennis Raymond (West Virginia)

Winter, Harrison Lee (Maryland)

Attorneys(s) for Plaintiff

Johnston, William A. (Virginia)

Karalekas, S. Steven (District of Columbia)

Kletzkin, Morris (District of Columbia)

Misler, Albert D. (District of Columbia)

Moore, Robert N. (Virginia)

Thompson, W. Carrington (Virginia)

Wiley, Dale M. (Virginia)

Willis, Robert (North Carolina)

Attorneys(s) for Defendant

Alderman, John P. (Virginia)

Damus, Robert G. (District of Columbia)

Goldberg, Arthur Joseph (District of Columbia)

King, Thomas R. (Virginia)

Other Attorney(s)

Tuddenham, Edward J. (District of Columbia)

Documents in the Clearinghouse

Document

4:83-00146

83-00147

Memorandum Opinion

597 F.Supp. 45

Aug. 22, 1984

Aug. 22, 1984

Order/Opinion

85-02245

84-02246

Opinion

U. S. Court of Appeals for the Fourth Circuit

774 F.2d 89

Oct. 3, 1985

Oct. 3, 1985

Order/Opinion

85-01922

Table Opinion

U. S. Court of Appeals for the Fourth Circuit

803 F.2d 714

Oct. 9, 1986

Oct. 9, 1986

Order/Opinion

Docket

Last updated Sept. 4, 2022, 3:16 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 14, 1983

Closing Date: Oct. 3, 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Virginia Agricultural Growers Association (group of tobacco growers)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Labor, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Employment

Temporary foreign workers program